Baxter Baker Attorneys Use Force Majeure Clause to Negotiate Return of all Deposits by a Trade Organization and its Members

Baxter Baker attorneys Gary R. Jones, Niccolo N. Donzella, Danielle M. Vranian, and Caroline E. Payton used a Force Majeure clause and related legal theories to successfully negotiate the return, in full, of all deposits made to a national hotel and convention chain by the Association of Dental Support Organizations (“ADSO”) and its members for an annual convention cancelled due to COVID-19. The deposits returned totaled approximately half a million dollars.

Although the chain initially refused to return the deposits, Gary R. Jones, who led the negotiations, was able to persuade the chain to drop its objections and return the funds, avoiding the need of litigation and preserving the parties’ commercial relationship. The chain also agreed to refund $115,000 in individual room rate deposits in the ADSO room block at the site.